Legal Parent Check · Donor conception and who the law recognises

1. Who is carrying, or carried, the pregnancy?

One of us (the birth mother; this includes trans men and non-binary people who give birth)

A surrogate

2. How was the child conceived?

At a UK clinic licensed by the HFEA Includes NHS and private fertility clinics in England, Scotland, Wales and Northern Ireland.

Artificial insemination at home, or at a clinic outside the UK Any insemination that is not sexual intercourse and not at a UK licensed clinic.

Sexual intercourse with the donor

3. At the moment of conception, was the birth mother married or in a civil partnership?

Yes, to the partner who wants to be the second parent

Yes, but to someone else

No (including engaged, cohabiting, or married after conception)

5. When was the child conceived?

On or after 6 April 2009

Before 6 April 2009

The rules in one paragraph

The birth mother is always a legal parent. Under the Human Fertilisation and Embryology Act 2008, if she was married or in a civil partnership when the sperm went in, her spouse or civil partner is the child's other legal parent automatically, unless they did not consent, and the donor is not. If she was not married or in a civil partnership, her partner becomes a legal parent only if conception was at a UK licensed clinic and both signed the parenthood consent forms (WP and PP) before treatment. Outside those cases the partner is not a legal parent at all, and if conception was at home or abroad the man who provided the sperm is the legal father. Conception through sexual intercourse always makes the man the father. Being a legal parent is different from having parental responsibility, and different again from being named on the birth certificate, although the three usually go together.

If your partner is not recognised

Adoption by the partner (often called second-parent or step-parent adoption) makes them a full legal parent and removes the donor's legal parenthood. It goes through the family court with a social worker's report and takes months. The birth mother keeps her status.
Parental responsibility can be given to a step-parent by agreement (if the partner is married or civil-partnered to the birth mother) or by court order. It lets the partner make decisions about the child but does not make them a legal parent for inheritance, nationality or the birth certificate.
Known-donor agreements are not legally binding on parenthood, though courts take them into account. If a known donor is the legal father, only adoption changes that.
Get advice early. Family law solicitors with donor-conception experience exist; some offer fixed-fee first meetings. Citizens Advice and Stonewall's parenting rights pages are free starting points.

Other situations

Male couples and anyone using a surrogate: the surrogate is the legal mother at birth (and her spouse the other parent if she has one), and parenthood transfers by a parental order after the birth. See GOV.UK: legal rights when using surrogates and donors.
Trans and non-binary parents: whoever gives birth is registered as "mother" under current law (confirmed by the courts in 2020), and the person providing sperm in a couple is registered as "father" or "parent" according to the rules above. This is unchanged by a Gender Recognition Certificate.
Single people: at a UK licensed clinic you are the sole legal parent and the donor has no rights or responsibilities. With home insemination the sperm provider is the legal father.
Scotland and Northern Ireland: the same Act applies across the UK; registration procedures differ slightly, so check the registrar's guidance.

Sources and limits

Rules from the Human Fertilisation and Embryology Act 2008, Part 2 (sections 33 to 47), the HFEA's guidance on becoming the legal parents of your child, GOV.UK on the rights of donors, and NGA Law's guide for same-sex parents. Checked September 2026. This tool applies general rules to your answers; it is not legal advice, cannot see your paperwork, and cannot replace a solicitor where anything is contested. Open source on GitHub.